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(영문) 서울동부지방법원 2014.04.18 2013고정2617
점유이탈물횡령등
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 03:00 on August 30, 2013, the Defendant embezzled a national card owned by the victim (D) and Samsung F&E (E) that was lost while the victim C was under the influence of alcohol in front of the 113-dong, Seoyang-dong, Gwangjin-gu, Seoul, by failing to take necessary procedures, such as returning the same to the victim, and by taking the intention of acquisition.

2. The Defendant violated the Specialized Credit Financial Business Act: around 03:24 on August 30, 2013, with the above national card used for the purchase of goods; around 1,000 won at the “G” convenience store located in Gwangjin-gu Seoul Special Metropolitan City; around 03:30 on the same day; around 04:11 on the same day, 3,000 won at the same place; around 06:54 on the same day; and around 19,50 won at the “K cafeteria” located in the J-gu Seoul Special Metropolitan City, Seoul Specialized Credit Financial Business Act; around 07:41 on the same day; and around 07:1,00 on the same day, each of the above Defendant signed the above Samsung 1,30,000 won at each of the above 1,30,000 employee cards at the “OO 1,300,000,07:43 on the same day; and each of the above 1,0301,01,030.

3. The Defendant, as described in paragraph (2), had the Defendant make payments with the national card in the name of C and Samsung Card, and had the Defendant, as if the Defendant was C, by deceiving the victim’s employees under the name of each of the above member stores, so that each of the above payments would be settled as described in paragraph (2), thereby gaining pecuniary benefits from each of the above payments.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site sales slips and sales slips;

1. Application of the photographic Acts and subordinate statutes;

1. Criminal facts;

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